ISSUE ONE:
The Iowa Implied Consent Proceeding: Every state including Iowa has some type of "implied consent law." Implied
consent refers to a body of law that states that anyone who operates a motor
vehicle in the State of Iowa is deemed to have consented or agreed to have a
blood, breath and / or urine test administered in order to determine alcohol
level or presence of drugs, whenever a law enforcement officer has reasonable
grounds to believe the driver is operating the motor vehicle under the
influence.
Like most states, Iowa imposes penalties for failing or refusing a breath, blood
or urine test―a license revocation.

Pursuant to Iowa's
implied consent law, your drivers license (or your right to drive in Iowa if you're not a
Iowa
licensed driver) was most likely revoked for anywhere from 180 days to two years
for failing or refusing a chemical test. Read your paperwork carefully.
You only have a short time (generally 10 days) to act if you want to request a
hearing to appeal this proposed revocation.

∭

ISSUE TWO:
The Iowa OWI Criminal Case: Separate from the implied consent
revocation is the criminal charge
for operating while intoxicated (OWI).
In Iowa, it is unlawful for any person to operate a
motor vehicle:

(1) while under the influence of an alcoholic beverage or other drug or a
combination of alcohol and drugs;

(2) while having an alcohol concentration of 0.08 percent or more, as determined
by a chemical test taken within two hours of the time of operation (sometimes
referred to as a "per se OWI / DUI"); or

(3) while having any amount of a controlled substance in one’s body.

Important: The implied consent / administrative license suspension proceeding
and the criminal OWI case are completely separate from one another.

Will my Iowa driver license be revoked / suspended?

RELATED TO ISSUE ONE ABOVE: Your Iowa driver license (or
your right to drive in Iowa if you do not have a valid Iowa license) may be
revoked pursuant to Iowa's implied consent law for failing or for refusing a
chemical (breath / blood / urine) test for alcohol and / or drugs. Again,
you may challenge this revocation by requesting an administrative hearing with
the Department of Transportation
within 10 days of your arrest.

∭

RELATED TO ISSUE TWO ABOVE: If you are convicted of the OWI charge, you will also lose your license (or
your right to drive in Iowa if you don't have a valid Iowa license)
for 180 days or more.
This revocation is separate and distinct from the implied consent /
administrative license revocation. Talk to your
Iowa OWI lawyer for possible revocation lengths for your situation.

∭

Also keep in mind that
your license can be suspended for a variety of reasons unrelated to an OWI / DUI arrest
e.g. excessive tickets, hit and run etc.

What happens if I get caught driving while my license is suspended / revoked?

Driving while your license is revoked should be avoided as it is a new criminal
offense.If you drive while your
license is revoked for a criminal conviction for OWI, you have committed a
serious misdemeanor. Penalties include a fine of $1000 and possible
vehicle impoundment.

If you are convicted of a second or greater offense of driving with a revoked
license, your vehicle may be seized and forfeited.
A vehicle owner who allows a revoked driver to operate his or her vehicle may be
charged with a simple misdemeanor.

Are there other penalties that I face for driving while my license is
revoked?

Yes. If you accumulate enough convictions for traffic crimes you can
become a habitual offender which will result in your driving
privileges being barred for anywhere from two to six years. You become a "habitual
offender" if you have convictions for three or more of the following offenses
within a six-year period:

Manslaughter resulting from the operation of a motor
vehicle; 6 points.

Perjury or the making of a false affidavit or statement
under oath to the department of public safety; 2 points.

Committing a motor vehicle felony; 5 points.

Failure to stop and leave information or to render aid
at an accident site; 5 points.

Eluding or attempting to elude a pursuing law
enforcement vehicle; 5 points.

Serious injury by operation of a vehicle; 5 points.

If you become a habitual offender and as a result accumulate 6 - 7 points you will be barred from driving for two years; if
you have 8 - 9 points you will be barred for three years; 10 - 12 points for
four years; 13 - 15 points for five years; and 16 or more points you will be
barred from driving for six years. A conviction for driving after being
barred can result in a serious penalties.

I really need to drive. Will I be able to get a
occupational / conditional / probationary permit / work permit / temporary restricted license?

If you're
18 years of age or older, you may be eligible for a temporary restricted license
also known as a "work permit."
Whether you qualify for a temporary restricted license depends on several
factors including your blood alcohol content (BAC) and whether this is your
first or subsequent OWI offense.You
likely will be required to install an ignition interlock device and wait for a
certain amount of time (30 days to one year) to elapse before you're eligible for a temporary
restricted license.

You cannot obtain a temporary restricted license to drive
a commercial vehicle.
Speak with your Iowa OWI attorney about whether you
qualify for a temporary restricted license and how to apply.

What is the difference between a OWI, DUI, DWI, OUI,
DWUI etc.?

These terms are all acronyms that refer to the offense commonly known
as "drunk driving." Different states have different names for the
crime.
For example, in New York the charge is known as driving while intoxicated or DWI.
Florida uses the term DUI for driving under the influence. Iowa law uses the
phrase "operating while intoxicated" or OWI. This website uses the terms
OWI and DUI interchangeably.

Is an OWI in Iowa a misdemeanor or felony charge?

In Iowa, a first OWI conviction is a serious misdemeanor.
A second OWI offense within 12 years is an aggravated misdemeanor.A third, fourth, etc OWI offense in the past 12 years is a Class D
felony.Under Iowa law, OWI / DUI /
DWI convictions within the last 12 years in any state are counted as prior
offenses.

What type of penalties might I face if I am convicted of
an Iowa DUI charge?

Upon conviction of an Iowa DUI offense, a defendant can
receive a variety of penalties including alcohol screening / treatment / education. A
range of minimum penalties is set forth below:

SECOND IOWA OWI
second offense within 12 years
(Aggravated Misdemeanor)

One to two year license revocation (see note 3);

Temporary restricted license may be available after one year;

7 + days jail;

Substantial fines.

THIRD IOWA OWIthird offense within 12 years
(felony)

Six year license revocation

Temporary restricted license may be available after one year);

30 + days jail (a prison term is possible);

Substantial fines.

Note 1: If you qualify, a
deferred judgment may allow you to avoid an OWI conviction. See
below.
Note 2: 180 day revocation if you took the breath test; one year
revocation for a test refusal.
Note 3: One year if you took breath test; two year revocation for
test refusal.
Note 4: If the OWI offense involves injury to another, an
additional one year revocation is imposed.

Will my defense lawyer be able to plea bargain / negotiate my
Iowa DUI charge
down to another (lesser) offense?

Possibly.Under Iowa OWI law, a
deferred judgment is available to first time offenders who were
not involved in a injury accident, who did not refuse chemical testing, and
whose BAC test result was less than 0.15 percent.
If you qualify, you plead guilty to the OWI charge and accept the court
imposed sanctions.If you complete
all terms of the sentence, the OWI offense will not be entered on your criminal
record.You will not have to serve
jail time; however fines and a license revocation will be imposed.

Will an Iowa OWI go on "my driving record?"

Yes. An OWI conviction will go on your
Iowa driving record
and will stay on your record for at least 12 years. You will not be able
to seal or expunge an OWI conviction.

Just how much jail / prison time will I have to do if I am convicted of a
DUI in Iowa?

The amount of
incarceration (jail or prison) received will depend on a number of factors,
including (but not limited to) the following:

• whether the
court feels you have accepted responsibility for your conduct.

I
am licensed to drive in a state other than Iowa and I was cited for a OWI in
Iowa. Will my driver license be suspended?

Iowa
only has the authority to suspend your right to drive in the State of Iowa.
However, Iowa and 44 other states and the District of Columbia
have adopted an agreement known as the "Driver License Compact."
Iowa will report an OWI conviction to the home state of the
driver (assuming the home state has also adopted the Compact). Your home
state will then generally take action to suspend or revoke your license.

This also works in reverse. If you are an Iowa licensed driver and you are convicted of a DUI
/ DWI / OWI charge in
another state, Iowa will suspend your license (as if you were convicted in Iowa) if it learns of the
conviction.

Will I have to install an Ignition Interlock Device on my car?

A ignition interlock device
(IID) is a breath alcohol
measurement device that is connected to an automobile ignition. In order
to start the vehicle, a driver must blow a breath sample into the device
which then measures alcohol concentration. If the alcohol concentration
exceeds the startup set point on the interlock device, the motor vehicle will
not start.

Iowa law requires certain individuals who have had their driver’s licenses
revoked for an OWI to install an ignition interlock device in order to be
eligible for a temporary restricted license.
Installation of an IID is also required to reinstate your license under some
circumstances. Contact your Iowa lawyer to see if you may be
eligible for a temporary restricted license.

My OWI involved an accident. Do I need to file a
Iowa
accident report?

An accident
occurring anywhere within the State of Iowa causing death, physical injury, or
property damage totalling $1,000 or more must be reported on an
Iowa Accident Report Form. Failure to return an accident report form within
72 hours may result in suspension of your driving privileges. However, go ahead
and file the report even if its late.

What will an Iowa DUI do to my insurability?

If your insurance
company finds out about your Iowa OWI one of two things are likely to
happen. Either your Iowa insurer will raise your rates or your policy may be
cancelled or non-renewed. Your Iowa insurance company will absolutely learn of your
OWI if
you have to file an SR-22.

What is a Form SR-22 / Certificate of Automobile Liability Insurance?

An SR-22 is a
certificate from an Iowa licensed insurance company certifying
that you have purchased liability insurance that meets the minimum required
coverage limits. The SR-22 provides proof to the
Iowa Office of Driver Services that you are
insured. If you cancel your insurance or the insurance company cancels
your policy before your suspension period is over, the company must notify the
Secretary of State Department of Driver Services
that the certificate is canceled. The SR-22 requirement must be maintained
for at least two years following an OWI conviction.

How do I go about getting my license reinstated following an Iowa OWI
conviction?

As a general rule, you must complete the following in order to reinstate your
license:

Complete a substance
abuse evaluation and follow any treatment recommendation directed by the
evaluator.

Pay any penalties, reinstatement fees, and pass any
examinations as required by the court and the Iowa Department of
Transportation.

For further information regarding your Iowa driving
record, contact the Department of Transportation at 800.532.1121.

Will an OWI conviction keep me from becoming a
teacher in Iowa?

Probably not so long as you successfully complete your
court / MVD obligations. The following language from the Board of
Educational Examiners is instructive:

All criminal convictions must be disclosed.This includes any and all OWIs.An OWI is a criminal conviction.The Board’s licensure question requires that an applicant disclose all
criminal convictions including OWIs and all misdemeanor offenses whether a
simple, serious, or aggravated misdemeanor.

Please keep in mind that not all criminal offenses, founded abuse reports, or
suspended or revoked licenses from another state will result in a Board decision
not to issue a license.The
applicant, however, must provide truthful information for the Board’s review.A failure to disclose may result in the denial of a license, certificate,
or authorization.

Failing to appear (FTA) for court is to be avoided. When you miss a court
appearance, bad things follow. At a minimum, the Iowa court typically
issues a warrant for your arrest (known as a bench warrant). Talk to an
attorney as soon as possible. Often, your only option is to turn
yourself in on the outstanding warrant. A new court date will then be
scheduled.

Can I represent myself in court on my Iowa OWI and / or other
criminal charge(s)?

Yes. You
have a constitutional right to represent yourself on any criminal charge no matter
how serious including an Iowa OWI charge. Keep in mind that OWI defense is a complex
area of the law as shown by the information in this website. If you cannot afford to
hire your own attorney, you definitely should apply for court appointed counsel
to represent you. You have no right to court appointed counsel at your
implied consent license proceeding.

Copyright 2013, 2012, 2011, 2010, 2009 by David N Lesh

Websites, including this one, provide general
Iowa OWI information but do not
provide legal advice or create a lawyer /
client relationship. General information cannot replace legal advice
specific to your case, problem, or situation. Consult qualified
Iowa Drunk Driving lawyers for advice about any
specific problem or OWI charge that you have. Iowa attorneys are governed by the Iowa Rules of Professional Conduct. This website
may be considered an advertisement
for services under these Rules. Information contained in this website
is believed to be accurate but is not
warranted or guaranteed in any way. No lawyer associated with this website
is specialized or certified in any way. This site is not a solicitation
for attorney services; rather, it is purely informational. OWI FAQ's.